How Do You File a J-1 Persecution Waiver?

The persecution application itself is filed on Form I-612. It should include the signed persecution statement and available supporting evidence.

DOS permits the DS-3035 Steps 1 and 2 either before the I-612 filing or after USCIS informs DOS that it made a persecution finding.

DOS warns that if the applicant completes the DS-3035 steps first, the DOS processing fee is not refunded if USCIS does not make a persecution finding.

DOS currently states that applicants may apply under only one waiver basis at a time. A persecution case should therefore be filed under the persecution basis rather than simultaneously selecting exceptional hardship or another DOS waiver category.

DOS states that requests to reconsider a persecution I-612 decision must be directed to USCIS. Published I-612 cases also show use of Form I-290B for administrative review where permitted by the USCIS decision.

The denial notice controls the available review procedure and deadline. If new relevant information later supports a different persecution finding, DOS states that the applicant may apply again through USCIS, but a new waiver recommendation application and DOS processing fee may be required.